ACLU Takes Legal Action to Block Anti-Immigrant Texas Senate Bill 4

June 5, 2017 5:45 pm


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SAN ANTONIO — The American Civil Liberties Union and the ACLU of Texas filed the first motion today to block the anti-immigrant and anti-law enforcement Texas Senate Bill (SB4) before it takes effect. This is the next step in the organization’s effort to strike down SB4.

The law, recently signed by Gov. Greg Abbott, strips localities and local law enforcement in the state of the authority to determine how to best use their limited resources to ensure the safety of their communities. The law also turns Texas into a “show me your papers” state. Law enforcement leaders throughout Texas and the country strongly oppose the law.

The motion, filed on behalf of the plaintiffs Texas LULAC and its members, the City of El Cenizo, the City’s Mayor Raul Reyes, and Maverick County and elected officials of the county, asks the federal district court in San Antonio to fast-track a ruling on the constitutionality of SB4. In this motion, the ACLU demonstrates that SB4 violates numerous fundamental constitutional rights and principles.

“SB4 is patently unconstitutional. Under SB4, local authorities will be unable to serve their constituents,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “Local officials won’t be able to keep Texans safe and will be forced to carry out harsh discriminatory policies that hurt their communities.”

“Governor Abbott and his allies in the legislature enacted the harshest anti-immigration law in the country, ignoring the concerned voices of many Texans who stood in solidarity with our immigrant communities,” said Edgar Saldivar, senior staff attorney for the ACLU of Texas. “Not only will SB4 lead to wholesale racial profiling, it is so vaguely written that local officials and law enforcement agencies are essentially left to guess whether their policies and practices would violate the law. We’re proud to lead the charge on this important next step in the legal battle to keep this calamitous legislation from taking effect on September 1.”

The ACLU’s co-counsel are Luis Roberto Vera, Jr., LULAC’s national general counsel, and Renea Hicks of the Law Office of Max Renea Hicks.

Vanita Gupta, president and CEO of the Leadership Conference on Civil and Human Rights, submitted a declaration in support of the ACLU’s motion filed today. Gupta is a former head of the Civil Rights Division at the U.S. Department of Justice.

The motion filed today is available here: https://www.aclu.org/legal-document/aclu-files-first-motion-block-texas-…

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